Abacus Careerwear: About us

Terms and Conditions

TERMS AND CONDITIONS OF SALE AND SUPPLY OF GOODS AND SERVICES

1. The Seller and the Buyer
1.1 The Seller is Abacus Careerwear in association with Marta Maratchi and any subsidiaries, holding companies or any other members of the Group of Companies of which it shall form part.
1.2 The Buyer is the purchaser of goods and services or the person to whom designs or other information are supplied by the Seller in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller.

2. Application of Conditions
All goods are sold by the Seller on the following conditions, which shall prevail unless agreed in writing by the Seller.

3. Prices
3.1 Prices quoted in the Seller’s price proposal will apply for 1 year from the date quoted.
3.2 Price increases will be notified in writing with a minimum of 28 days notice unless otherwise agreed.
3.3 Prices are exclusive of VAT, which will be charged on invoice.

4. Shortages and non-deliveries
IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS. All claims for alleged shortages of delivery of goods must be notified to the Seller within 7 days of delivery or in the case of non-delivery of the entire consignment within 10 days from the date of invoice.

5. Notification of Defects
The Buyer must notify the Seller of any claims in respect of defects in the goods promptly and in any event within 14 days from the date upon which the defect becomes apparent to the Buyer. All claims should be accompanied by all relevant details and documentary evidence. The Seller shall be entitled to rectify or replace the goods or re-supply the services free of charge or at the Seller’s sole discretion refund to the Buyer the price of the goods or services (or a proportionate part of the price) but the Seller shall have no further liability to the Buyer. The Buyer shall allow the Seller a reasonable opportunity to replace or rectify any of the goods or services as aforesaid

6. Description and quality of goods
The Seller warrants that all items sold should be free of defects as to materials and workmanship at the date of delivery. The Seller shall at its sole cost and expense inspect all items claimed to be defective and shall at its own cost and expense replace any item found to be defective upon failing to meet corporate clothing standards. However if the fault is due to the negligence of the user or the Buyer, the Buyer will bear the costs. The Seller’s policy for handling returned items will be established at point of order.

Garments will not be replaced where the Buyer and/or user have failed to follow the Seller’s instructions for care or the garments have been subject to unreasonable treatment in which case the Seller is not liable to replace the garments and will charge the Buyer for the cost of inspection and testing appropriate stock. The Seller shall not be liable if goods are used for purposes other than those specified in the order.

7. Consequential loss
Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect special or consequential loss or damage whatsoever which arises out of or in connection with the supply of designs goods or services. The entire liability of the Seller under or in connection with the contract shall not exceed the price of goods and services except as expressly provided in these conditions and in any event the Seller shall not be liable for losses in excess of £2m.

8. Circumstances beyond our control
The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Designs goods and services, if the delay or failure is due to any cause beyond the seller’s reasonable control.

9. Delivery
The Seller will make every effort to complete the work on time but cannot be held responsible for delays due to circumstances beyond its control. In this case the Seller will complete the work as soon as is reasonably possible. Time for delivery shall not be of the essence of the contract unless previously expressly agreed by the Seller in writing.

10. Cancellation
The Buyer may not cancel any order except by prior agreement in writing by the Seller and on terms that the Buyer shall indemnify the Seller against all loss, costs, damages, charges and expenses incurred by the Seller as a result of cancellation.

11. Ownership of goods
All goods shall be at the Buyer’s risk from the time of delivery but shall remain the property of the Seller until all payment in respect of goods delivered by the Seller to the Buyer have been paid in full. Ownership of copyrights remains always with the Seller and the Buyer has no licence to reproduce copy or have copied any Designs supplied by the Seller (“the Designs”) unless the Seller grants an express licence. The Designs are supplied on a confidential basis and the Buyer must ensure that they are not copied or disclosed nor shown to anyone outside its organisation and that they are not used for any purpose in each case without the Seller’s written permission. The Buyer will return the Designs to the Seller on request.

12. Payment
a) Unless otherwise specified in writing by the Seller payment for goods and services is due to the Seller within 30 days of the invoice date.
b) The Seller reserves the right to charge interest of 4% above the base rate of HSBC Bank Plc on any overdue payment from due date to the date of payment. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall reserve the right not to deliver any further goods and shall be released from all other obligation.

13. Representations
No statement information, warranty, condition or recommendation made by the Sellers, employees or agents shall vary or override these conditions unless authorised in writing by a Director of the Seller.

14. Law
These conditions and all transactions between the Seller and the Buyer shall be governed by English law and any disputes arising shall be resolved by the courts of England.
If any condition herein becomes or shall be declared by a court to be invalid or unenforceable that shall not impair or affect any other conditions which shall remain in full force and effect.

15. Insolvency and Breach
If the Buyer makes any voluntary arrangement with its creditors or becomes bankrupt or becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or encumbrancer that takes possession or a receiver is appointed of any of the property or assets of the Buyer or the Buyer ceases or threatens to cease to carry on business or is in breach of its obligations under these terms and conditions or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly they shall be entitled to cancel the contract or suspend any further deliveries, goods or supply of services under the contract without any liability to the Buyer and if the goods have been delivered or services supplied but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or agreement to the contrary.

16. General
The Seller shall be entitled to assign, delegate or subcontract all or any of its obligations hereunder. The Seller shall not be obliged to supply the goods or services to any person other than the Buyer. The Buyer shall not be entitled to assign this agreement.

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